I-130 DCF 6 month minimum

[bennbennett 0]

Hello,

My wife and I were just recently married outside of the US. We have been living on and off in the Czech Republic for some time now, but are now ready so settle down more permanently. I have recently been accepted into a graduate program in the United States, and it seems like that's the best route for us to take at this point in our lives. However . . .

In order to get her (non US citizen) to the United States, I understand the process as follows:

1) application with the I-130 form

2) if approved, the paperwork is prepared for the local consulate

3) the alien will be invited for an interview at the embassy

4) if approved, the alien is given 6 months to enter the United States

I also understand that in order to apply for the I-130 from abroad (which is where we both currently are), there is a 6 month residency abroad minimum - herein lies the problem. We were married on 26 April of this year, but I only received my residence visa on 3 June (surprisingly fast actually). We would like to move in December (or early January at the latest), but that will be the 6 month minimum, not granting enough time to get everything done before the move. Does anyone know any way to apply for the I-130 before this date? My details are as follows:

-multiple entrance/exit visas all the way back to August 2003

-two long-term residence visas from 2005 and 2006 respectively

-a tourist extension visa from April of this year (when I was granted extra time to maintain legal status between the expiration of my tourist visa and our wedding date)

-a Schengen, type "D" visa from May 2008 (Schengen visas replaced the long-term visas mentioned above)

-my wife has a US tourist visa from 2006 which contains the note "TO ACCOMPANY BENJAMIN BENNETT" (me) in the Annotation section (she was given the visa on the basis of our engagement)

It seems to me that there is sufficient evidence that I've lived here before, but of course that doesn't necessarily change the rules. Any suggestions are more than welcome.

Thanks.

[ad345 0]

6 mos. residency is not a hard and fast rule for DCF filing. I know in New Delhi consulate they allow 3 months of residency proof in order to file from there. Please consult local US consulate in person and get this straight. For example in Delhi even though website says 180 days residency requirement but they are accepting people who can show residency for 90 days.

[Dakine 26]

Hello,

My wife and I were just recently married outside of the US. We have been living on and off in the Czech Republic for some time now, but are now ready so settle down more permanently. I have recently been accepted into a graduate program in the United States, and it seems like that's the best route for us to take at this point in our lives. However . . .

In order to get her (non US citizen) to the United States, I understand the process as follows:

1) application with the I-130 form

2) if approved, the paperwork is prepared for the local consulate

3) the alien will be invited for an interview at the embassy

4) if approved, the alien is given 6 months to enter the United States

I also understand that in order to apply for the I-130 from abroad (which is where we both currently are), there is a 6 month residency abroad minimum - herein lies the problem. We were married on 26 April of this year, but I only received my residence visa on 3 June (surprisingly fast actually). We would like to move in December (or early January at the latest), but that will be the 6 month minimum, not granting enough time to get everything done before the move. Does anyone know any way to apply for the I-130 before this date? My details are as follows:

-multiple entrance/exit visas all the way back to August 2003

-two long-term residence visas from 2005 and 2006 respectively

-a tourist extension visa from April of this year (when I was granted extra time to maintain legal status between the expiration of my tourist visa and our wedding date)

-a Schengen, type "D" visa from May 2008 (Schengen visas replaced the long-term visas mentioned above)

-my wife has a US tourist visa from 2006 which contains the note "TO ACCOMPANY BENJAMIN BENNETT" (me) in the Annotation section (she was given the visa on the basis of our engagement)

It seems to me that there is sufficient evidence that I've lived here before, but of course that doesn't necessarily change the rules. Any suggestions are more than welcome.

Thanks.

From what I've seen the biggest problem people have doing a DCF is establishing domicle and meeting the financial requirements.

Edited June 26, 2008 by Haole